MUHAMMAD NUR BIN IBRAHIM

MUHAMMAD NUR BIN IBRAHIM

Prosecution failed to prove a prima facie case: material gaps and reasonable doubts arose from failure to call key witnesses with access to the unit, ambiguities and unsigned amendments in search-list evidence and uncertainty over who had custody/control of keys and pouch; knowledge and exclusive possession were not established so s.37(da) presumption was inapplicable.

Citation
BA-45A-77-04/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Nur Bin Ibrahim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2025
Case Number
BA-45A-77-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Acquittal at Close of Prosecution Under S.180(2) Criminal Procedure Code; Prosecution Filed Appeal (notice Dated 3 July 2025)
Outcome
Accused acquitted and discharged under section 180(2) Criminal Procedure Code (no prima facie case proven).
Legal Topics
Possession, Trafficking/distribution, Prima Facie Burden, Search and Seizure, Chain of Custody, Presumptions Under Dangerous Drugs Act, Duty to Call Witnesses
Source Language
Malay/English
Criminal Law Drugs Law Evidence Criminal Procedure Possession Trafficking/distribution Prima Facie Burden Search and Seizure +3 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Nur Bin Ibrahim

Accused

Procedural Posture

Criminal Dangerous Drugs / Acquittal at Close of Prosecution Under S.180(2) Criminal Procedure Code; Prosecution Filed Appeal (notice Dated 3 July 2025)

Legal Issues

  1. 1 Identity of seized drug
  2. 2 Whether accused had control/possession of the drugs
  3. 3 Whether accused had knowledge of the drugs

Ratio Decidendi

Prosecution failed to prove a prima facie case: material gaps and reasonable doubts arose from failure to call key witnesses with access to the unit, ambiguities and unsigned amendments in search-list evidence and uncertainty over who had custody/control of keys and pouch; knowledge and exclusive possession were not established so s.37(da) presumption was inapplicable.

Court Disposition

Accused acquitted and discharged under section 180(2) Criminal Procedure Code (no prima facie case proven).

Orders

  • Accused Muhammad Nur Bin Ibrahim is acquitted and discharged under s.180(2) Criminal Procedure Code
  • Record of acquittal to be entered; prosecution has lodged an appeal (Notice dated 3 July 2025)